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TANNER v. YUKINS

No. 12-2114.

776 F.3d 434 (2015)

Hattie TANNER, Petitioner-Appellant, v. Joan YUKINS, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 20, 2015.

Attorney(s) appearing for the Case

ARGUED: Allyson A. Miller , Ogletree, Deakins, Nash, Smoak & Stewart, PLLC, Birmingham, Michigan, for Appellant. Raina Korbakis , Office Of The Michigan Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Allyson A. Miller , Ogletree, Deakins, Nash, Smoak & Stewart, PLLC, Birmingham, Michigan, Michael D. Bossenbroek , Wachler & Associates, P.C., Royal Oak, Michigan, for Appellant. Raina Korbakis , Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.

DAUGHTREY, J., delivered the opinion of the court in which DONALD, J., joined. GIBBONS, J. (pp. 14-18), delivered a separate dissenting opinion.

OPINION

This appeal reaches us in an unusual posture, following over ten years of litigation in two different actions in federal court that grew out of petitioner Hattie Tanner's conviction in Michigan state court for first-degree felony murder in 2000. After exhausting her state-level appeals, Tanner...

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